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GST – Grant Personal Hearing Before Passing Order: Calcutta HC

July 7, 2022 1608 Views 0 comment Print

Suraj Singh Vs Assistant Commissioner (Calcutta High Court) GST: Calcutta High Court Directs Assistant Commissioner To Grant Personal Hearing Before Passing Order Heard learned advocates appearing for the parties. By this writ petition, petitioner has challenged the impugned order passed by the Assistant Commissioner of State Tax, Asansol Charge, dated 9th March, 2022 on the […]

Creditworthiness of Lender not proved: Section 148A(d) order valid

July 7, 2022 1107 Views 0 comment Print

Indus Technical Education Society Vs Union of India (Allahabad High Court) So far as unsecured loan of Rs. 28,53,439/ is concerned, the petitioner could not submit any credible evidence alongwith its reply to establish credit worthiness of the lender i.e. M/s Arrow Netmart Pvt. Ltd. Therefore, prima facie, the Assessing Authority had some relevant material […]

Section 9 – A&C Act – Specific performance of contract cannot be directed

July 6, 2022 2922 Views 0 comment Print

Power under Section 9 could only be exercised for preservation of the subject matter of the dispute till the decision of the Arbitral Tribunal and scope of relief under Section 9 of the Arbitration and Conciliation Act, 1996 Act could not be extended for directing specific performance of the contract.

Non-consideration of assessee’s reply to Section 148A notice – HC directs dept to pass fresh order

July 5, 2022 1425 Views 0 comment Print

Agrawal Petrolium Co. Vs PCIT (Madhya Pradesh High Court) The main grievance put forth is that when petitioner received a notice under Section 148A(b) of Income Tax Act, the petitioner filed a reply on 15.03.2022 but the same was not considered by the respondent. Learned counsel for the parties by placing reliance on para-3 and […]

Service tax cannot be levied on Chit Funds prior to 15.06.2015

July 5, 2022 1026 Views 0 comment Print

Chit funds are liable to pay service tax only after amendment to definition of word ‘service’ brought in i.e., wef 15-6-2015 as held by SC in UOI v. Margadarshi Chit Funds (P.) Ltd.

Change in Panel counsels – Dept should make alternate arrangement in advance

July 5, 2022 1386 Views 0 comment Print

PCIT Vs Emarsso Exports Pvt. Ltd. (Bombay High Court) The learned Counsel for the Appellant-Revenue present in Court states that Advocate who filed the appeals is no longer on the panel of the Department and they seek time to take instructions as to who will be assigned with the matter and to file vakalatnama. 2. […]

GAT Evasion case: Rajasthan High Court Grants Bail to accused

July 5, 2022 2232 Views 0 comment Print

Kamal Chand Bothra Vs Union of India (Rajasthan High Court) 1. The present bail application has been filed under Section 439 Cr.P.C. arising out of F. No.DGGI/INT/INTL/668/2022/-Gr-A-O/o ADG-DGGI-JZU-JAIPUR; Registered at Directorate General Of Goods and Services Tax Intelligence, Jaipur Zonal Office, Jaipur relating to offence punishable under Sections 132 (1) of Central Goods and Services […]

GST: Not furnishing certified copy of order appealed against within 7 days of filing of appeal is a mere technical defect

July 3, 2022 11421 Views 0 comment Print

Atlas Pvc Pipes Limited Vs State of Odisha (Orissa High Court) It is ex facie clear from the copy of Memo of Appeal in Form GST APL-01 vide Annexure-2 series to the writ petition that having received the Order passed under Section 74 of the OGST Act on 20.01.2021, the Petitioner filed the appeal invoking […]

No demand can be made under GST in Form DRC-01A without issue of section 74(1) Notice

July 3, 2022 6612 Views 0 comment Print

Madras HC quashes assessment orders against Anantham Retail Pvt. Ltd. for tax years 2019-22. Violation of natural justice cited. Learn more.

No Suppression if SCN was issued based on disclosure in Balance Sheet

July 3, 2022 3159 Views 0 comment Print

Respondent submitted that the show cause notice issued was on the basis of the balance sheet wherein all activities of the assessee were truly declared. Therefore, there was no suppression of material facts.

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